HomeMy WebLinkAbout2018-11-07; Planning Commission; ; CDP 2018-0019 (DEV 2018-0032) – SNYDER RESIDENCEItem No.
Application complete date: September 7, 2018
P.C. AGENDA OF:November 7, 2018 Project Planner: Chris Sexton
Project Engineer: Tim Carroll
SUBJECT: CDP 2018-0019 (DEV 2018-0032) – SNYDER RESIDENCE – Request for approval of a
Coastal Development Permit (CDP) to allow for construction of a new 3,380-square-foot
two-story single-family residence with a 672-square-foot attached 3-car garage and an
existing detached 600-square-foot garage to remain within the Mello II Segment of the
city’s Local Coastal Program located at 1781 Skimmer Court within Local Facilities
Management Zone 21. The project site is not within the appealable area of the California
Coastal Commission. The city planner has determined that the project belongs to a class
of projects that the State Secretary for Resources has found do not have a significant
impact on the environment, and it is therefore categorically exempt from the
requirement for the preparation of environmental documents pursuant to Section 15303
(a), construction of a single-family residence, of the state CEQA Guidelines.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7314 APPROVING
Coastal Development Permit CDP 2018-0019, based upon the findings and subject to the conditions
contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Project Site/Setting: The 0.96 acre (42,253 square feet [net acreage]) project site is located at the
terminus of Skimmer Court, more specifically, 1781 Skimmer Court, as shown on the attached location
map. The site topography is relatively flat at the front of the parcel and slopes up at the rear of the parcel
that abuts El Camino Real and Poinsettia Lane. The site was previously developed with a one-story single-
family residence constructed in 1966 and a detached 600-square-foot two-car garage constructed in 2002.
The single-family residence was destroyed in the 2014 Poinsettia Fire; however, the detached two-car
garage remains intact and will not be demolished. Due to economic issues, the previous property owner
was not able to rebuild the single-family residence.
Section 30610(g)(1) of the California Coastal Act exempts from a CDP the replacement of any structure,
other than a public works facility, destroyed by a disaster under specific circumstances. The circumstances
are that the replacement structure shall conform to applicable existing zoning requirements, shall be for
the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the
destroyed structure by more than 10 percent, and shall be sited in the same location on the affected
property as the destroyed structure. The single-family residence is proposing more than 10 percent
change in height as the single-family residence was one story and the proposed single-family residence is
two stories. Additionally, more than 10% of floor area is being increased as the single-family residence
was 1,638 square-feet and 3,380-square-feet is being proposed. Therefore, the exemption does not apply
and a CDP is required. Existing frontage improvements include a paved road, curb, gutter and sidewalk.
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CDP 2018-0019 (DEV2018-0032) – SNYDER RESIDENCE
November 7, 2018
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Table “A” below includes the General Plan Land Use designations, zoning and current land uses of the
project site and surrounding properties.
TABLE A
Location General Plan Designation Zoning Current Land Use
Site R-8 R-1 Detached Garage
North Open Space Open Space Open Space
South R-4 R-1-Q Single-Family Home
East Open Space Open Space El Camino Real
West R-4 R-1 Single-Family Home
Proposed Residential Construction: The proposed project consists of the construction of a new 3,380-
square-foot two-story single-family residence with an attached 672-square-foot three-car garage. The
proposed residence consists of a 1,758-square-foot first story, 1656-square-foot second story, and 672-
square-foot attached three-car garage. The design also includes a 180-square-foot deck off the second-
floor family room. The proposed project offers a contemporary Spanish-style aesthetic which is
complementary to the surrounding neighborhood. The contemporary Spanish-style residence features
off-white stucco, walls and window trim, glass deck railings and a concrete Spanish tile roof.
Proposed Grading: Estimated grading quantities are 175 cubic yards (cy) of fill and 175 cy of cut. There
will also be 200 cy of import to replace 200 cy of debris and concrete to be exported from the site. A
grading permit is required for the project.
III. ANALYSIS
The project is subject to the following regulations and requirements:
A. R-8 Residential General Plan Land Use Designation;
B. One-Family Residential Zone (R-1, CMC Chapter 21.10);
C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
Chapter 21.201) and Chapter 21.203 (Coastal Resource Protection Overlay Zone);
D. Inclusionary Housing Ordinance (CMC Chapter 21.85); and
E. Growth Management (CMC Chapter 21.90).
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable city regulations and policies. The project’s compliance with each of the above
regulations is discussed in detail in the sections below.
A. General Plan Land Use Designation
The project site has a General Plan Land Use designation of R-8 Residential which allows for the
development of one-family and multiple-family residences at a density of 4-8 dwelling units per acre
(du/ac) with a Growth Management Control Point (GMCP) of 6 dwelling units per acre. The project’s
density (1 du/ac) is below the range of the R-8 General Plan Land Use designation. However, one single-
family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004, pursuant
to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created prior to October 28,
2004; therefore, development of a one-family dwelling is consistent with the R-8 General Plan Land Use
designation.
CDP 2018-0019 (DEV2018-0032) – SNYDER RESIDENCE
November 7, 2018
Page 3
B. One-Family Residential Zone (R-1)
The project is required to comply with all applicable regulations and development standards of the
Carlsbad Municipal Code (CMC) including the One-Family Residential (R-1) zone (CMC Chapter 21.10).
Table “B” below shows how the project complies with the applicable requirements of the R-1 zone.
TABLE B – R-1 ZONE DEVELOPMENT STANDARDS
STANDARD REQUIRED PROPOSED COMPLY
Front Yard Setback 20’ minimum 37’ Yes
Side Yard Setback 10’ minimum 31’, 20’ Yes
Rear Yard Setback 20’ minimum 335’ Yes
Lot Coverage 40 percent maximum 7.7% Yes
Parking Two-car garage (20’ x 20’) Three-car garage Yes
C. Conformance with the Coastal Development Regulations for the Mello II Segment of the Local
Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203).
The project site is located within the Mello II Segment of the Local Coastal Program and is not within the
appeals jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay
Zone. The project’s compliance with each of these programs and ordinances is discussed below:
1. Mello II Segment of the Certified Local Coastal Program and all applicable policies.
The subject site has a Local Coastal Program (LCP) Land Use Plan designation of R-8 Residential, which
allows for a density of 4 to 8 du/acre and 6 du/acre at the Growth Management Control Point (GMCP). At
the R-8 GMCP, 6 dwelling units would be permitted on this 0.96 acre (net developable) property.
However, one single-family dwelling is permitted to be constructed on a legal lot that existed as of October
28, 2004, pursuant to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created
prior to October 28, 2004, and was already developed with a residence. Therefore, the proposed new
single-family residence is consistent with the R-8 LCP Land Use Plan designation.
The project consists of the construction of a new 3,380-square-foot single-family residence with an
attached 672-square-foot three-car garage in an area designated for one-family residential development.
The proposed two-story residence is compatible with the surrounding development of one- to two-story
residential structures. The two-story residence will not obstruct views of the coastline as seen from public
lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone.
Furthermore, no agricultural uses exist on the site, nor are there any sensitive resources located on the
previously-developed site. The proposed single-family residence is not located in an area of known
geologic instability or flood hazard. Given that the site does not have any frontage along the coastline, no
public opportunities for coastal shoreline access or water-oriented recreational activities are available.
2. Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city’s Master Drainage Plan,
Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management
CDP 2018-0019 (DEV2018-0032) – SNYDER RESIDENCE
November 7, 2018
Page 4
Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property does
not include steep slopes (equal to or greater than 25 percent gradient) or native vegetation.
D. Inclusionary Housing Ordinance (CMC Chapter 21.85)
For any residential development of less than seven (7) units, the inclusionary housing requirements may
be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct one
single-family residential dwelling unit has been conditioned to pay the applicable housing in-lieu fee prior
to the issuance of a building permit.
E. Growth Management
The proposed project is located within Local Facilities Management Zone 21 in the Northwest Quadrant
of the city. There will be no impact to public facilities because the new single-family residence is replacing
an existing single-family residence and no new impacts will be generated.
IV. ENVIRONMENTAL REVIEW
This project is exempt from CEQA per the exemptions listed below:
(1) Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of one single-family
residence in a residential zone from environmental review.
A Notice of Exemption will be filed by the City Planner upon project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7314
2. Location Map
3. Disclosure Form
4. Reduced Exhibits
5. Exhibit(s) “A” – “J” dated November 7, 2018
ATTACHMENT 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW FOR THE CONSTRUCTION OF A NEW 3,380-SQUARE-FOOT
TWO-STORY SINGLE-FAMILY RESIDENCE WITH A 672-SQUARE-FOOT
ATTACHED 3-CAR GARAGE AND AN EXISTING DETACHED 600-SQUARE-
FOOT GARAGE TO REMAIN WITHIN THE MELLO II SEGMENT OF THE CITY’S
LOCAL COASTAL PROGRAM LOCATED AT 1781 SKIMMER COURT WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 21.
CASE NAME: SNYDER RESIDENCE
CASE NO: CDP 2018-0019 (DEV 2018-0032)
WHEREAS, James M. Snyder and David Drinco, “Developer/Owner,” has filed a verified
application with the City of Carlsbad described as
The east 435 feet of the north 110 feet of the northeast quarter of the
northwest quarter of section 26, township 12 south, range 4 west, San
Bernardino Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to United States Government Survey, approved
October 25, 1875 as described in Schedule “A” of the Preliminary Title
Report by First American Title Company, dated July 16, 2018, Order No.
DIV-5622298
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) “A” – “J” dated November 7, 2018, attached hereto and on file in the Carlsbad
Planning Division, CDP 2018-0019 – SNYDER RESIDENCE, as provided in Chapter 21.201.030 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 7, 2018, hold a duly noticed public hearing
as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal
Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7314
PC RESO NO. 7314 -2-
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2018-0019 - SNYDER RESIDENCE, based on the following findings and subject to the
following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for residential development and the project
proposes single-family residential development; the development is consistent with the LCP
Mello II Land Use designation of R-8 Residential; no agricultural activities, sensitive resources,
geological instability, flood hazard or coastal access opportunities exist on-site; and given the
project’s distance from the coastline, the two-story single-family residence will not obstruct
views of the coastline as seen from public lands or public right-of-way nor otherwise damage
the visual beauty of the coastal zone as further discussed in the project staff report.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the proposal is in conformity with the public access and recreation policies of
Chapter 3 of the Coastal Act in that the property is not located adjacent to the coastal shore;
therefore, it will not interfere with the public’s right to physical access or water-oriented
recreational activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. No steep slopes or native vegetation is located on the subject property and
the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
4. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan, in that the General Plan Land Use designation for the
property is R-8 Residential. The R-8 Land Use designation allows for the development of single-
family, two-family and multiple-family residences at a density range of 4 to 8 dwelling units per
acre (du/ac) with a Growth Management Control Point (GMCP) of 6 du/ac. The project site has
a net developable acreage of 0.96 acres and at the GMCP, 6 dwelling units are allowed. The
project’s proposed density of 1 du/ac is below the density range of 4 to 6 du/ac. However, one
single-family dwelling is permitted to be constructed on a legal lot that existed as of October
28, 2004 pursuant to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally
created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent
with the R-8 General Plan Land Use designation.
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 21 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment, water, drainage,
circulation, fire, schools, parks and other recreational facilities, libraries, government
administrative facilities, and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
PC RESO NO. 7314 -3-
A. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
C. The Local Facilities Management fee for Zone 21 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
6. That the city planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303(a), construction of one single-family residence in a
residential zone, of the state CEQA Guidelines. In making this determination, the city planner has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to
this project.
7. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building permit or grading permit, whichever occurs first.
1. Approval is granted for CDP 2018-0019 - SNYDER RESIDENCE as shown on Exhibits “A” – “J”, dated
November 7, 2018, on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city’s approval of this Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RESO NO. 7314 -4-
5. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly,
from (a) city’s approval and issuance of this Coastal Development Permit, (b) city’s approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c) Developer/Operator’s installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the city’s
approval is not validated.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 21 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n) Coastal
Development Permit by Resolution No. 7314 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice
of Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
12. At issuance of building permits, Developer shall pay to the city an inclusionary housing in-lieu fee
as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time,
as established by City Council Resolution from time to time.
PC RESO NO. 7314 -5-
13. Prior to issuance of the building permit, the existing fence around the perimeter of the property
shall be modified to comply with the Zoning Code, to the satisfaction of the City Planner. The
maximum permissible height in the front yard setback is 42 inches.
Engineering:
14. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
15. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
16. Developer shall include rain gutters on the building plans subject to the city engineer’s review and
approval. Developer shall install rain gutters in accordance with said plans.
17. Developer shall apply for and complete the processing of a certificate of compliance for lot
legality purposes to the satisfaction of the city engineer. Developer shall pay processing fees
per the city’s latest fee schedule.
Fees/Agreements
18. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city’s standard form Geologic Failure Hold Harmless Agreement.
19. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
Grading
20. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
21. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities.
Storm Water Quality
22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
PC RESO NO. 7314 -6-
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
23. Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier Level Storm Water Compliance form and appropriate Tier
Level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee
schedule.
24. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
25. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Dedications/Improvements
26. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
27. Developer shall design all proposed public improvements including but not limited to sewer
laterals, driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan.
These improvements shall be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way. The developer shall prepare a separate
construction bond estimate for the public improvements shown on the grading plans and a
separate subdivision improvement agreement shall be processed for these improvements.
Utilities
28. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
PC RESO NO. 7314 -7-
29. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on the grading
plans.
30. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on the grading plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
31. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
32. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 21 as required by Carlsbad Municipal Code Section 21.90.050.
33. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
35. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
36. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on November 7, 2018, by the following vote, to wit:
AYES: Chair Montgomery, Anderson, Geidner, Luna, Meenes, Merz, and Segall
NOES: None
ABSENT: None
ABSTAIN: None
MARTELL MONTGOMERY, C
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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B
L MELROS
E
DRCOLLEGEBLA
VIARAPY
RANCHO SANTAFERDSITE